Mapa mental
Competition
Conteúdo do mapa
Competition
Anti-Competitive Agreements [A101] [s. 2 CA]
- (1) Does the prohibition apply
- (i) Agreement, decision by associations or concerted practice between undertakings
- (ii) May affect trade between MS
- (iii) Has as its object the prevention, restriction or distortion of competition within internal market [A101(1)(a-e)] - or if UK [2(3)]
- (2) Is the practice de minimis [NAOMI]
- (i) If no appreciable affect on competiton, not a breach
- (ii) Do the parties exceed the market share thresholds [Para 7]
- Horizontal: aggregate does not exceed 10%
- Vertical: neither parties share exceeds 15%
- (iii) Doesn't apply if hardcore restrictions violated [Para 11]
- Price fixing
- Limiting or controlling production
- Sharing markets or supply sources
- (3) Does a block exemption apply [s. 101(3)] [s. 9] [s. 10] - horizontal agreement for the purposes of
- (i) R&D
- (ii) Technology transfer (licensing patents/knowhow)
- (iii) Specialisation
- (4) Self-assessment [A101(3)] [s. 9]- does the agreement:
- (i) Have a positive overall effect (improve production, distribution, technical progress, etc.)
- (ii) Give consumers a fair share of the benefit
- (iii) Go no further than necessary
- (iv) Is not a tool to effectively eliminate competition
- Do not advise to self-assess, as risky and company/directors may be liable
- (5) Consequences of infringement
- Fines up to 10% of turnover
- Further 1% fine for non-compliance
- Restriction on activities during investigation
- Agreement void and unenforceable [A101(2)] [s. 2(4)]
- Directions to act/cease acting in a particular way
- Adverse publicity
- Fines up to 10% of turnover
- (1) Does the prohibition apply
Abuse of dominant position [A102] [s. 18]
- (1) What is relevant market
- RPM
- Would consumers buy an alternative product instead
- Could another supplier quickly switch production to make the product
- RGM
- How far afield would consumers look to purchase the product (consider value, import costs, transport, etc.)
- How soon could suppliers of the product based in one area begin selling in that area
- RPM
- (2) Does the undertaking have a dominant position in that market/in UK [s. 18(3)]
- (i) Does it have the power to behave independently of competitors, suppliers and consumers
- (ii) Market share
- Over 75% = dominance
- Under 30% = non-dominance
- Lower the share, the more compelling the evidence of infringement must be
- (iii) Are there barriers to competitors entering the market
- Regulatory hurdles, high investment costs, etc.
- (iv) Is the market fragmented (if it is distributed evenly among a small number of competitors, then a larger one is more likely to be dominant
- (v) Key IP rights/knowhow
- (vi) Access to superior technology
- (vii) Superior distribution systems
- (3) Is there abuse that may affect trade between MS/in UK [s. 18(2)(a-d)]
- Exploiting consumers (high prices, lack of alternatives, limiting production, etc.)
- Exploiting competitors (e.g. setting prices artificially low)
- (4) Infringement consequences
- Same as A101
- Limited immunity if turnover under £50m [s. 40]
- (1) What is relevant market
Informações
- Descrição
- LPC CLIP Mapa Mental sobre Competition, criado por jc94055z em 12-08-2015.
- Criado por
- jc94055z · ago 2015
- Atualizado
- 19 fev 2016
- Visualizações
- 0
- Avaliação